- (1.) This appeal by special leave is from the judgment of the High Court of Mysore confirming the conviction of the appellant under Sections 302 and 309, I. P, C. but setting aside the sentence of death passed by the learned Sessions Judge and instead imposing on the appellant a sentence of imprisonment for life on both the counts. The High Court also confirmed the sentence under Section 309, I. P. C.
(2.) Two questions have been raised before us by the learned counsel for the appellant: (1) At the time of the occurrence the appellant was by reason of unsoundness of mind incapable of knowing the nature of the act or that he was doing what was either wrong or contrary to law: (2) The violation of Sections 464 and 465 Criminal P. C. vitiated the commitment of the appellant and the trial.
(3.) On the first point the learned Sessions Judge came to the conclusion that "neither on the 21st March, 1966 nor during any day subsequent thereafter including the days on which the accused took his trial before this Court, was the accused in an unsound state of mind". He held that "on the contrary, during all the relevant period, above referred to, he showed himself to be in perfectly sound state of mind". It may be mentioned that the accused had not pleaded any defence under Section 84 of Indian Penal Code before the learned Sessions Judge.;